WP/27931/2005 of Manala Veerabhadra Rao, Vs The District Collector, Khammam, on 29 December 2005

:O R D E R:

The petitioners, who are nineteen in number, filed the instant writ petition aggrievedby the notices dated 2-11-2005 issued by the third respondent under Section 7 of theAndhra Pradesh Land Encroachment Act, 1905 (‘the Act’ for brevity). By theimpugned notices, the third respondent informed the petitioners that they haveencroached the government land in survey No. 5/2/1 admeasuring Acs.64-28 gts.,and they were asked to show cause as to why they should not be dispossessed inaccordance with the Act. The petitioners submitted their explanation, inter alia,contending that the land in their occupation is comprised in survey No.5/1 and thatthe same is not the government land. They also contended that the land in surveyNo. 5/1 is a private land and, therefore, the provisions of the Act have no application.The inquiry before the third respondent is still pending and final orders underSection 6 of the Act are yet to be passed.

Apprehending that the third respondent might summarily dispossess the petitionerswithout conducting an inquiry and without determining whether the land in theirpossession is comprised in survey No. 5/1, which is allegedly a private patta land,the present writ petition is filed seeking a writ of Mandamus declaring the impugnednotice/notices dated 22-11-2005 as illegal and arbitrary.

It is now axiomatic that a writ petition against a show cause notice ordinarily wouldnot lie, because there is no decision as such requiring judicial review. Therefore,this court is not inclined to entertain the writ petition at this stage. However, as thereis a dispute regarding the identification of land, which is in possession of thepetitioners, it would be in the interest of justice, if the third respondent personallyconducts an inspection before passing any orders in the matter duly taking intoconsideration the explanation submitted by them. This observation would safeguard the interest of the petitioners.

The writ petition, with the above observations, is disposed of. No costs.

29-12-2005

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Nb:-Registry to furnish c.c. by Monday i.e, 02-01-2006.B/o PVKS/*

____________V.V.S. RAO, J